married here and staying here.

[Kathryn41 3,205]

Use the name she is currently using as that is what her ID says.

[NArocks 13]

Yes use the name she has on her current documents, I ran around like a chicken with my head cut off getting all my papers changed as I filed in my married name ( I'm ther USC ) and had to get EVERYTHING changed quickly.

[Brother Hesekiel 2,236]

Let's recapitulate.

You entered the US with a VW to take a vacation, met somebody and instantly fell in love so much that you guys got married on the spot. Did I get this right?

If you did your homework as you stated (and I I've read about many cases like this on the Amerika-Forum.de where people in similar situation are usually tared and feathered), you're already aware that AOS from VWP is only possible under such--highly unusual--circumstances.

At the interview, they'll ask you very specific about the circumstances of your case. When you met your wife, when you decided to get married, and why, you can bet the farm on it. If they feel that you had 'intentions' of any kind to marry when entering the country, you are a dead man, figuratively speaking.

I don't mean to come over as a negative person, but involving an experienced immigration attorney in your case is probably the best $1,000 you've ever spent in your life. It's only slightly more expensive than a one-way ticket home . . .

[Chris_Жанна 11]

HI,

I am English guy who arrived on an I-94 visa waiver on 23 rd April 2009.

Me and my American fiancee got married last Thursday 9th July 2009

I am waiting for the marriage certificate to arrive in the next couple of days.

I am doing the immigration forms myself and am going this route:

I-130

G-325a

I-864

I-485

I-765

I-131

I-693

I'm going to do my medical next week.

I have read through a lot of guides but was just wondering if anyone in the know could let me know if these are right.

Thanks for any help.

Thanks for having little to no regard for our immigration process in America while the rest of us wait and petition legally. Good luck, I'm sure you'll be a great American. I guess you feel like you are more important than everyone else..... You're the reason it is more difficult for my fiancee to visit me because people like you take advantage of our tourist visas or waver programs. Hope you don't get deported for visa fraud and banded for 5 to 10 to forever.

[Lostjezz 0]

Thanks for having little to no regard for our immigration process in America while the rest of us wait and petition legally. Good luck, I'm sure you'll be a great American. I guess you feel like you are more important than everyone else..... You're the reason it is more difficult for my fiancee to visit me because people like you take advantage of our tourist visas or waver programs. Hope you don't get deported for visa fraud and banded for 5 to 10 to forever.

I found your post incredibly rude and insulting.

Firstly, none of us know for sure whether this poster came into the country looking to take advantage of their VWP, therefore your hostile behavior is based on assumptions alone.

Your negativity is not helpful nor is it useful.

I would also like to hope that anyone who is calculating on breaking the law and expecting forgiveness for it, would do their research -prior- to arriving here as opposed to running around NOW trying to figure out what they need to do.

Merkur, I wish you the best of luck and hope that you will be successful in proving your lack of intention to marry while on your VMP - if that is indeed the position you've found yourself in.

[dutchmatt 1]

Thanks for having little to no regard for our immigration process in America while the rest of us wait and petition legally. Good luck, I'm sure you'll be a great American. I guess you feel like you are more important than everyone else..... You're the reason it is more difficult for my fiancee to visit me because people like you take advantage of our tourist visas or waver programs. Hope you don't get deported for visa fraud and banded for 5 to 10 to forever.

I couldn't agree more! Many of us have been waiting for months and months doing this legally. I almost piss my pants every time I cross the border to visit my fiancee worrying that I might be denied due to the pending petition. My advice would be to get married, leave the US and get in line behind the rest of us and wait for your visa. I guess ignorance gets you to the front of the line, but I wouldn't be surprised if this comes back to bite you HARD.

[clueless_in_usa 8]

thanks guys, No, i dont plan on leaving untill at least November

Thanks Kathryn for the forms answer.

If I were you, I would not make any travel plans at least until the end of 2010

Do you really think that your AOS and corresponding Green Card will be ready and in your hands by November? If it happens like that, you are the luckiest guy in the UK.

I do not know how much scrutiny your case will get, but I recommend you to gather as much evidence as possible to answer any and all RFEs you may get while you wait. If you don't get any, count your blessings. But be prepared to call your people in the UK to send you valid documentation to support your answers to difficult questions that you will be asked.

Be realistic, you are not going to leave the USA at least until the end of 2010, if you are not deported first. That is my wild guess.

[SMR 368]

My information was that although it's not written anywhere, adjusting from a visitor visa based on marriage usually takes a lot longer than adjusting from a K visa since there is much more scrutiny. I know people who have waited two years. Don't know how AP works in this case, but it's possible that if you leave during this time, you will have to start over with a CR-1 or K-3 visa.

Another thing to consider is that if you leave before your I-94 expires, then you can start a CR-1 visa and you may actually complete things more quickly, although you will be apart for a while, which I think we all know is hard.

[Chris_Жанна 11]

Thanks for having little to no regard for our immigration process in America while the rest of us wait and petition legally. Good luck, I'm sure you'll be a great American. I guess you feel like you are more important than everyone else..... You're the reason it is more difficult for my fiancee to visit me because people like you take advantage of our tourist visas or waver programs. Hope you don't get deported for visa fraud and banded for 5 to 10 to forever.

I found your post incredibly rude and insulting.

Firstly, none of us know for sure whether this poster came into the country looking to take advantage of their VWP, therefore your hostile behavior is based on assumptions alone.

Your negativity is not helpful nor is it useful.

First off, I was not writing to you, if you're going to get upset about what my opinion is then maybe you should cease to read things in a public forum or become a bit more thick skinned. Honestly, I could care less if you found my post rude or insulting because it was not intended for you.

Second, maybe you should read the headline of the post, let me reiterate for you " Married Here and Staying" in this post he explains how he came here on the visa waver program and got married. Yes, he is immigrating here and bypassing the immigration process, while the rest of us get audited by the government. So, yes this pisses me off because A, It is illegal, if we all did this there would be less order in immigration then there is now, yes I could have had my fiancee stay with me last time she was here before we filed waited three months and play stupid like we would had no idea we were gonna get married, get married and adjust status..... I as an American and her as a future American decided to to this LEGALLY. B, If he doesn't fulfill his civic duty before he is an American do you really think he'll do it once he becomes one? C, Yes because of people like the OP my fiancee has to prepare documents as if it was Nazi Germany going through the PoE(s) at airports. If people played by the rules on their visitor visa then the CBP would not need to question people so much when they came to visit now, would they?

Third, to come and ask for advice from a community of people that are doing this process legally takes a lot of gall. That in itself is upsetting enough. It's like saying "You guys put in all this hard work to do this legally, and I'm gonna just cut into line. By the way do you have any advice while I cut you in line?" That seems pretty rude to me....... but I'm just making "assumptions"

Oh yes, and I'm "Hostile" Really? That's a bit much. I never threatened anyone in my comment. I think you may be a bit hypersensitive about when others express an opinion. Maybe you should re read the headline and the post, before you cry about what I posted in response.

[MonkeyJuice 3]

Hmmm this is a touchy subject. Asking for advice from VJ members is not usually a good idea considering the length of time most of us have to be apart waiting to get our visas.

The OP is obviously unaware of the of frustration of other people waiting out the process & I'm sure he didn't mean to deliberately piss anyone off by posting & asking for advice so I think we should just stick to answering the questions & helping the OP.

Also adjusting from the VWP is not illegal is it? If it were then people wouldn't do it. It's only illegal if there was intent to marry before he arrived & that's when they need to explain their circumstances at interview stage.

Good Luck

[Boiler 46,300]

His route is very common, much more so than any others.

And it is very rare that their is a problem, I can think of a handful. And when you consider how many cases there are, the percentage is tiny.

And it is no more or less legal than any other route.

I would suggest a one off consultation with an Immigration Lawyer. Certainly would do no harm.

[scandal 951]

Thanks for having little to no regard for our immigration process in America while the rest of us wait and petition legally. Good luck, I'm sure you'll be a great American. I guess you feel like you are more important than everyone else..... You're the reason it is more difficult for my fiancee to visit me because people like you take advantage of our tourist visas or waver programs. Hope you don't get deported for visa fraud and banded for 5 to 10 to forever.

I couldn't agree more! Many of us have been waiting for months and months doing this legally. I almost piss my pants every time I cross the border to visit my fiancee worrying that I might be denied due to the pending petition. My advice would be to get married, leave the US and get in line behind the rest of us and wait for your visa. I guess ignorance gets you to the front of the line, but I wouldn't be surprised if this comes back to bite you HARD.

Bullying tactics in use in the upper forums I see. No helpful constructive advice for the OP, only attacks.

Not that I expect any different on this site. Only some of us get called out as bullies, and lectured as naughty children. The rest get a free ride. Congrats on your special status with the mods!

Hmmm this is a touchy subject. Asking for advice from VJ members is not usually a good idea considering the length of time most of us have to be apart waiting to get our visas.

The OP is obviously unaware of the of frustration of other people waiting out the process & I'm sure he didn't mean to deliberately piss anyone off by posting & asking for advice so I think we should just stick to answering the questions & helping the OP.

Also adjusting from the VWP is not illegal is it? If it were then people wouldn't do it. It's only illegal if there was intent to marry before he arrived & that's when they need to explain their circumstances at interview stage.

Good Luck

You are entirely right MonkeyJuice. There is absolutely nothing wrong with adjusting status while legally in the US. Nothing in the OPs original post implied his state of mind when entering the US and intentions regarding marriage. For all we know, he did not even know his SO until after entering the country, or if he did -that marriage was an active consideration in his mind. So long as that is the case, no law has been broken and there is no reason whatsoever for anyone to be upset with the OP pursuing a perfectly valid course.

If I had a legal way to take advantage of a smooth in-country AOS of course I would have done so. Anyone would. Instead, like many, I went through a 10 month long K1 process (I-129F to POE). I don't resent in any way those who can adjust in country legally - I applaud them for benefiting from the law when their circumstances allow it.

To the OP:

The burden will be on you to prove that you had no marriage or immigration intent when you entered the country. If you actually did have such intent, you should not pursue the AOS, but should instead file for a marriage-based visa from outside the country. If you did not have such intent, try to accumulate evidence that you had maintained ties to your home country, with intent to return. E.g. an active apartment lease or mortgage on your home, an active job that you intended to return to, a round trip plane ticket with a confirmed return date, active and open bank accounts, credit cards, etc. in your home country. Even if you have subsequently terminated these things (jobs, apartment leases, bank accounts, etc.) since you arrived in the US, if you can demonstrate that they were open on the date you entered the country it will go a long way to enabling a successful AOS.

I did not see this advice posted previously in this thread, so thought it worth explicitly stating here. It has been mentioned many times over on other VJ threads.

There. Complying with Ewok/mod policies for upper forum behavior.

[Kathryn41 3,205]

There are comments in this thread that are good examples of some of the behaviour that Captain Ewok requested remain in OT and not enter the Upper Forums. They are out of place and inappropriate here.

I will state clearly here that if any one feels that they are being unduly picked upon and others are let off, you do not know what actions have been taken by the moderators in terms of any other member. We do not advertise our actions. If you find a post offensive, it is a good chance the mods do as well. Do not presume that because you don't know how/if we have responded that inappropriate behaviour has gone unaddressed. If you have a problem with a post or a poster, use the report button - do not respond in kind.

Now, as the OP has received the information he has requested and the tone of this thread has gone sadly awry, I am closing this thread.